This is effectively a temporary application at the outset of legal proceedings restraining the use of confidential information until the matter is decided in the proceedings. Sometimes these types of applications are made in employer-employee cases.<\/p>\n
An injunction can be applied for at the outset of legal proceedings, which sometimes determines the matter. Often no further steps are taken by either party which could force the matter to a conclusion. If an injunction is granted and is later found not to be valid in a full hearing, the person who received it must compensate the person who is subject to the injunction.<\/p>\n
In \u00a0considering an application, the court will take into account a range of circumstances, including the value and investment in the \u00a0trade secret, measures taken to protect it against unlawful use and disclosure and the legitimate interest of the parties and third parties’ public interest et cetera<\/p>\n
In a final hearing of the matter, damages which are defined as including unfair profits, effectively similar to an account of profits, can be ordered to be paid. Some breaches of the legislation are criminal offences.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Overview An EU directive and the Irish regulations made under it have provided statutory-based firmer legal protection for the types of trade secrets and confidential information that are protected at common law. It is nowhere near strong or useful as patent protection. It applies to trade secrets which are more than confidential information which is […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[198],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13187"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=13187"}],"version-history":[{"count":3,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13187\/revisions"}],"predecessor-version":[{"id":20361,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13187\/revisions\/20361"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=13187"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=13187"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=13187"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}